SB0304sam001 94TH GENERAL ASSEMBLY

Sen. Martin A. Sandoval

Filed: 3/17/2005

09400SB0304sam001 LRB094 06877 JAM 43916 a

AMENDMENT TO SENATE BILL 304

AMENDMENT NO. ______. Amend Senate Bill 304 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Notary Public Act is amended by changing Sections 2-105, 3-101, and 6-102 as follows:

(5 ILCS 312/2-105) (from Ch. 102, par. 202-105)

Sec. 2-105. Bond. Every application for appointment and commission as a notary public shall be accompanied by an executed bond commencing on the date of the appointment with a term of 4 years, in the sum of $25,000 $5,000, with, as surety thereon, a company qualified to write surety bonds in this State. The bond shall be conditioned upon the faithful performance of all notarial acts in accordance with this Act. The Secretary of State may prescribe an official bond form.

(Source: P.A. 84-322.)

(5 ILCS 312/3-101) (from Ch. 102, par. 203-101)

Sec. 3-101. Official Seal and Journal.

(a) Each notary public shall, upon receiving the commission from the county clerk, obtain an official rubber stamp seal with which the notary shall authenticate his official acts. The rubber stamp seal shall contain the following information:

(1) (a) the words "Official Seal";

(2) (b) the notary's official name;

(3) (c) the words "Notary Public", "State of Illinois", and "My commission expires____________(commission expiration date)"; and

(4) (d) a serrated or milled edge border in a rectangular form not more than one inch in height by two and one-half inches in length surrounding the information.

(b) Each notary public shall procure, keep, maintain, protect, and provide for lawful inspection a chronological official journal of notarial acts, involving a document of conveyance or encumbrance affecting real property, that is a permanently bound book with numbered pages. The journal shall be kept by the notary public for at least 5 years after the date of its last entry. A notary public who is either an attorney at law admitted to practice in this State or an employee of such an attorney, however, may instead of a journal of notorial acts maintain a record of notorial acts in the form of office files regularly maintained for the attorney's law practice.

For every notarial act involving a document of conveyance or encumbrance affecting real property, the notary public shall record at the time of notarization:

(1) the date, time, and type of notarial act;

(2) the date and the type, title, or description of the document or proceeding;

(3) the signature, printed name, and address of the signer;

(4) the right thumbprint of the party signing the document, placed in the journal by that party. If the right thumbprint is unavailable, then the notary shall have the party use his or her left thumb or any available finger and shall so indicate in the journal. If the party signing the document is physically unable to provide a thumbprint or fingerprint, the notary shall so indicate in the journal and shall also provide an explanation of that physical condition. This paragraph (4) shall not apply to a sheriff's deed or other judicial deed;

(5) how identification of the signer was made and a description of the particular form of satisfactory evidence; and

(6) the fee, if any, charged for the notarial act.

(Source: P.A. 84-322.)

(5 ILCS 312/6-102) (from Ch. 102, par. 206-102)

Sec. 6-102. Notarial Acts.

(a) In taking an acknowledgment, the notary public must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the notary and making the acknowledgment is the person whose true signature is on the instrument.

(b) In taking a verification upon oath or affirmation, the notary public must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the notary and making the verification is the person whose true signature is on the statement verified.

(c) In witnessing or attesting a signature, the notary public must determine, either from personal knowledge or from satisfactory evidence, that the signature is that of the person appearing before the notary and named therein.

(d) A notary public has satisfactory evidence that a person is the person whose true signature is on a document if that person:

(1) is personally known to the notary;

(2) is identified upon the oath or affirmation of a credible witness unaffected by the document or transaction who is personally known to the notary and who personally knows the person, or of 2 credible witnesses unaffected by the document or transaction who each personally knows the person and shows to the notary reliable identification documents; or

(3) is identified on the basis of reliable identification documents.

(e) The following definitions apply to subsection (d):

(1) "Personally known" means familiarity with an individual resulting from interactions with that individual over a period of time sufficient to ensure beyond a reasonable doubt that the individual has the identity claimed.

(2) "Reliable identification documents" means at least one current document issued by a federal or state government agency bearing the photographic image of the individual's face and signature and a physical description of the individual; provided that a properly stamped passport without a physical description is acceptable.

(Source: P.A. 84-322.)

Section 99. Effective date. This Act takes effect July 1, 2006.".